Sachin Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2269 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRR No. 4760 of 2022
                                               (SACHIN SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 08-02-2023
                                  Shri U. S. Jayaswal - Advocate for the applicant.

                                  Shri A. N. Gupta - Govt. Advocate for the respondent.

Heard.

Trial Court record has been received.

Heard on admission.

Prima facie this criminal revision seems to be arguable.Hence, admitted for final hearing.

Heard on I.A.No.23663/2022 an application under Section 397(1) of the Cr.P.C. for suspension of sentence and grant of bail pending the revision.

Learned counsel for the applicant has submitted that applicant has been convicted only on the basis of evidence of Investigation Officer of the case. No other witness has supported the recovery of illegal cartridge from the possession of the applicant. Even Investigation Officer in his evidence has not proved the entries of general diary leaving the police station and returning to

police station. Therefore, applicant has fair chances to succeed in this revision application. Hence, he has prayed that applicant be released on bail till disposal of revision application.

On the other hand, learned counsel for the State has opposed grant of bail.

As per the allegation against the present applicant, he had sold pistol and live cartridge to accused Umesh Bumnere and when they were standing to sell the same they were encircled by the police and one live cartridge was seized Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/9/2023 5:26:03 PM

from the possession of the present applicant.

Judgment of conviction and order of sentenced passed by learned JMFC has been affirmed by the learned Sessions Court. I have gone through the evidence of B.S. Verma (P.W.4), Rakesh Gour (P.W.1) and Santosh Mishra (P.W.2). Having taken into consideration all the facts and circumstances of the case and the detention period of the applicant, I am of the view that it is a case where the applicant may be released on bail by suspending his sentence till further orders.

Therefore, I.A.No.23663/2022 is allowed. The jail sentence of the applicant as awarded by the Court below is suspended till further orders upon

furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court on 14.06.2023 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this revision.

List this case for final hearing in due course. Certified copy

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/9/2023 5:26:03 PM